Last Update: May 8, 2026
We include brief summaries before some sections to make navigating this agreement easier. The summaries are not part of the Terms, and you should still read each section in its entirety.
This is a contract between you and us. If you do not understand or agree to these Terms, don’t use the Services. You can contact us if you have any questions or concerns.
1. Agreement: By accessing or using our TV apps (“Apps”) or https://phynd.games and other domains (“Sites”), you agree to be bound by these Terms of Service (“Terms”), and allow us to process your information in accordance with our Privacy Policy (together, the “Agreement”). The Agreement governs your use of the Apps and Sites (which we call the “Services”) made available by Swanston Labs, Inc. (“we”, “us”, “our” and “Phynd”).
You must read this Agreement carefully before you accept it. If you do not accept, or cannot understand, anything in the Agreement, stop using the Services immediately.
Updates: These Terms are effective as of the Last Update above. As the Services change, we may revise these Terms and update the Last Update.
If we make significant changes, we’ll do our best to notify you. For example, we may email you or place a temporary notice on Services interfaces. Changes to these Terms do not create a renewed opportunity to opt out of arbitration.
2. But it’s your sole responsibility to review these Terms from time to time to view the current Terms. By using or accessing the Services after the Last Update date, you accept the current Terms. If you do not accept a change to the Terms, stop using the Services immediately.
Contact Us: You may contact us about the Services or these Terms using our in-App support or at privacy@phynd.co.
To use the Services, you must be 16 or older or have your parent or guardian create an account on your behalf.
Unless you meet these requirements, you are not eligible to use the Services. In these Terms, “you” and “your” mean you as the user of the Services.
Age: You must be 16 or older to use the Services, or otherwise of legal age to form a binding contract in your jurisdiction. If you are under the age of majority where you live, you are only permitted to use the Services if your parent or guardian accepts these Terms on your behalf prior to use of the Services. By using the Services, you affirm that you are of legal age to enter into this Agreement and to use the Services.
Responsibilities. You are responsible for all your activity in connection with the Services. Most importantly, you represent and warrant that you will not use the Services in any way that violates applicable law, Outside Terms or this Agreement.
The Services may monitor your conduct, including, without limitation, reviewing messages to determine whether you are violating the Agreement.
Third-party terms govern games and other outside materials made available by our Services.
1. The Services may link to, embed, integrate or connect third party services (“Outside Materials”). Outside Materials may be subject to additional legal terms (“Outside Terms”) made available by their third-party provider.
2. You acknowledge and agree that we are not responsible for, and disclaim all liability for, the performance and reliability of Outside Materials and any act or omission of any provider of Outside Materials. We do not warrant, endorse or otherwise guarantee Outside Materials will integrate, interoperate or remain available through the Services.
3. Our Apps provide access to a catalog of online Games on demand through compatible connected devices. An Account is necessary for ongoing play. Certain technical requirements apply. You must always follow the Acceptable Use rules.
1. Access information. Your use of the Services may require you to provide certain personal information, such as contact and payment information (collectively, “Account Data”), including to register an account on the Services (an “Account”). We process Account Data in accordance with our Privacy Policy, like all personal information you provide.
2. Suspension and Termination. We reserve the right to suspend, disable, or delete your Account or the Services (or any part of the foregoing) with or without notice, for any or no reason.
3. Terms Survive. If your access is severed or your Account is deleted or terminated by you or us for any reason, these Terms remain enforceable. Termination will not limit any of our other rights or remedies. Your information will be maintained and deleted in accordance with our Privacy Policy.
1. Because the Apps facilitate an online video game service, access requires a suitable technical environment, compatible connected devices and the App.
2. Updates. The Application may be updated regularly. You are responsible for downloading updates required for proper operation of the Service.
3. Service quality. When you connect to the Service, Phynd may use technical-recognition tools to determine whether your configuration satisfies minimum technical requirements. Display quality, streaming quality, Game performance, and access to the Service depend on your technical environment, device compatibility, connection method, and compliance with technical requirements.
4. Phynd does not warrant streaming conditions, transmission quality, accessibility, or uninterrupted access to the Service or Games, and is not responsible for internet-network disturbances affecting use of the Service.
While using the Services, you may not:
1. While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“User Content”); and (iii) content that we provide on and through our Services (“Our Content”).
2. For purposes of this Agreement, Our Content includes Games and “content” includes, without limitation, all text, images, video, audio, or other material on the Services.
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
Your Content license to us.
You will have access to User Content—but it is not yours, and you may not copy or use User Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. User Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to User Content, and, unless expressly authorized by us, you may only use User Content to the extent that your use is consistent with this Agreement, including the Acceptable Use section. You may not copy the User Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse User Content.
We own all other content on our Services.
Our Services are provided ‘as is.’ We make no representations about the content or features of our Services.
Except as stated elsewhere in these Terms, all of the Services, products and content are provided “as is” without warranty of any kind. To the fullest extent permitted by law, we disclaim without limitation all warranties, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, including the warranties of merchantability, title, non-infringement of third parties’ intellectual property rights, or fitness for a particular purpose.
Use of the Services and the transmission of messages through the Services is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty that is not expressly stated in these Terms.
These limitations apply only to the extent they are not prohibited by applicable law. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.
Phynd’s liability to you will not exceed $100.
1. Except for the indemnity obligations stated below, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory will either of us be liable to the other with respect to the subject matter of this Agreement for:
For clarity, this means we will not be liable for: unauthorized access to or loss of Account Data, Your Content or any other data, loss of information, the cost of procuring alternative goods or services, internet failures, or our failure to provide technical or other support services. These limits apply to all claims, obligations and liabilities relating to this Agreement, even if we, our affiliates, licensors or suppliers are aware of the possibility that you may incur these damages, and even if these limited remedies fail of their essential purpose.
1. To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Swanston Labs, Inc., its affiliates, officers, agents, employees, and partners from and against any and all third-party claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or relating to (i) your use of the Services (including any actions taken using your access to the Services) or (ii) your violation of this Agreement or of law. In the event of such a claim, suit, or action, we will notify you using the contact information we have for your account, provided that failure to deliver such notice will not eliminate or reduce your indemnification obligations under this Agreement. This obligation will survive any suspension, termination or cessation of your use of the Services.
In the event of a dispute, you and Phynd agree to try to resolve it informally first. If we can’t resolve it in 60 days, we agree to arbitrate the claim, instead of going to court. You may opt-out of arbitration within 30 days of accepting this Agreement.
2. You agree to resolve disputes with Phynd through binding arbitration, except as described in this Dispute Resolution section (the “Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. Similar disputes may, however, be grouped as a Mass Filing in arbitration.
3. You may opt-out of arbitration under ‘Opt-Out’ below within thirty (30) days of first accepting these Terms.
1. Covered Disputes. You and Phynd agree that any dispute or claim between you and Phynd arising out of or relating to this Agreement or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court. A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with Phynd. A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Agreement and claims that may arise after its termination. For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide or other multiparty basis.
2. Exceptions to Arbitration. This Arbitration Clause does not require arbitration of the following types of claims brought by either you or Phynd:
3. 18-Month Filing Deadline. To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Exceptions to Arbitration for claims pertaining to intellectual property rights), must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines remain tolled during the required Informal Dispute Resolution First process.
4. Jury Trial Waiver. You and Phynd agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Phynd are instead electing that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified under ‘Exceptions to Arbitration’ above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
5. Class Action Waiver. You and Phynd agree that, except as specified under ‘Batch Process’ below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.
6. Opt-Out. You may reject this Arbitration Clause and opt out of arbitration by sending an email to opt-out@phynd.co within thirty (30) calendar days of first accepting these Terms. If you have an Account, your opt-out notice must be sent from the email address associated with your Account. No one may opt-out another person. Your notice to opt-out must include your first and last name, address, the email address associated with your Account (if you have an Account), and a clear statement that you decline this Arbitration Clause.
1. Informal Dispute Resolution First.
Like you, we want to resolve Disputes without resorting to arbitration. If you have a Dispute with us, before initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to dispute@phynd.co so that we can work together to resolve the Dispute.
2. This ‘Informal Dispute Resolution First’ section is a condition precedent to commencing arbitration. The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
3. This ‘Informal Dispute Resolution First’ section does not apply to claims brought under any Exceptions to Arbitration.
4. Arbitration Procedure. If, after completing the ‘Informal Dispute Resolution First’ process, either you or Phynd wish to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the Phynd address in ‘Informal Dispute Resolution First’. Phynd will send any arbitration demand to the email address associated with your Account or to your counsel, if any. You and Phynd agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause. If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.
5. The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative:
6. This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.
7. Arbitration hearings will take place through videoconferencing, unless you and Phynd agree upon another location in writing. A single arbitrator will be appointed.
8. Arbitration Costs & Remedies.
9. Batch Process. To increase the efficiency of arbitrations, you and Phynd agree that if 25 or more arbitration demands arising from the same event or factual scenario under similar legal theories and similar relief are filed within a 180-day period (“Mass Filing”):
Tolling. Any statutes of limitation, including the requirement to file within eighteen (18) months at ‘18-Month Filing Deadline’, will remain tolled while any arbitration demands are held in abeyance. While the Batches are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administered, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.
Speed. The parties will work in good faith with the arbitrator to complete each Batch within 120 calendar days of its initial pre-hearing conference. The parties agree that the Batch process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.
If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.
Mass Filing Administration. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including the ‘Informal Dispute Resolution First’ section above.
To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. Phynd will pay the Administrative Arbitrator’s costs.
This Batch Process provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind. Unless Phynd otherwise consents in writing, Phynd does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this ‘Batch Process’ section.
10. Settlement. At least ten (10) calendar days before the date set for the arbitration hearing, you or Phynd may serve a written offer of judgment upon the other party to allow judgment on specified terms.
11. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.
The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.
12. Severability. Except as provided under ‘Class Action Waiver’ above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.
12. Feedback. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Feedback”) you send us are our exclusive property. By submitting Feedback, you assign any and all intellectual property rights in the Feedback to us. We may, but are not required to, use the Feedback, including any intellectual property or proprietary rights in that Feedback, for any purpose whatsoever, without any attribution, financial compensation, or reimbursement of any kind to you or any third party.
14. Governing Law; Forum. These Terms are governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. Subject to the ‘Dispute Resolution’ section, you and we agree to only bring Disputes and any other legal proceeding in the state and federal courts located in Los Angeles, California. You and we consent to the jurisdiction of those courts. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
15. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the California Department of Consumer Affairs’ Division of Consumer Services in writing at: Complaint Assistance Unit 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
16. Modifications of Services. We may change or discontinue any aspect, service or feature of the Services at any time, in our sole discretion.
17. Relationship. You and Phynd agree there are no third-party beneficiaries intended under the Agreement. You acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Swanston Labs, Inc.
18. Interpretation. If it turns out that a particular term of the Agreement is not enforceable for any reason, this will not affect any other terms. Any words following the terms ‘including,’ ‘include,’ ‘in particular,’ ‘for example’, ‘such as’ or any similar expression are illustrative, non-exhaustive and do not limit the sense of the words, phrase or description preceding those terms. The word ‘or’ as used in these Terms is not exclusive. The failure of either party to exercise, in any way, any right under these Terms does not waive any further rights the Terms provide.
19. Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding between the parties as to its subject matter, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to it.
20. Force Majeure. In no event will we be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing our obligations under the Agreement, to the extent such failure or delay is caused by any circumstances beyond our reasonable control.